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Feb. 08, 2012

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Terms and Conditions

	*************************************************** All EMAIL USERS: **************************************************************************************************** <---------------------------------------------------- Check --------------------------------------------------> From time to time our emails go in your SPAM, BULK EMAILS! So please check ************************************************* <---------------------------------------------------- Check --------------------------------------------------> /-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/-/ General Terms and Conditions This web-site is intended to be a friendly, enjoyable and useful experience, but as with anything concerning any kind of transactions there are risks involved and we strongly advise you to understand all of these terms before joining. If you spot a listing that you feel is violating the general terms and conditions of this web-site as stated below please let us know by contacting us any time. email us. Rights To Suspend or Terminate. You agree that this web-site, in its own discretion, may terminate any auction or use of the service immediately and without notice if (a) We believe that you are not abiding by the general rules of this web-site (b) You have repeatedly broken a certain term (c) You have listed a suspicious item (d) We believe you to be a non paying bidder. In most cases when we suspect foul play we will suspend your account/listing whilst we investigate further. If our investigation is conclusive then your account with us will be terminated. Your Conduct. You are solely responsible for the contents of your actions through this web-site. You must ensure that your participation in the selling or buying of items does not violate any applicable laws or regulations. By this we mean that you must check that you entitled to sell or buy the relevant item and that you are not prohibited from doing so by any law or regulation. You must not transmit through the service any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material. You must also not transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable law or regulation. Membership. Membership to this web-site is only available to those you can form a legally binding contract. This web-site does not permit minors (under 18) to register. If any member fails to sign-up with their correct age the account will be terminated immediately. From time to time we send out emails to promote our specials and promotions and other news. General Terms. This site acts as the window for sellers to conduct auctions and for bidders to bid on sellers' auctions. We are not involved in the actual transaction between buyers and sellers. As a result, we have no control over the quality, safety or legality of the items listed the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to buy items. We cannot and do not control whether or not sellers will complete the sale of items they offer or buyers will complete the purchases of items they have bid on. In addition, note that there are risks of dealing with foreign nationals, underage persons or people acting under false pretence. This Web-site shall not be responsible for any items sold by Auction, for any damage to items during transit or during the inspection period, nor for misrepresentations and/or breaches of contract by either buyer and/or seller. This web-site shall not be responsible for the cost of procurement of substitute goods or any losses resulting form any goods purchased or obtained. This web-site assumes no liability for the content of the listings. However if you fall victim of a fraudulent transaction we will assist you as much as we can. Laws. These Terms of Service shall be governed by and constructed in accordance with the laws of Ontario, Canada and any disputes will be decided only in Ontario. More Detail please read all below! _____________________________________________________________________________________________________________________________________ Following describes the Terms on which JaxBids.com offers you access to our services. Introduction Welcome to JaxBids. By using the services available from the domain and sub-domains of(jaxbids.com "Site") you are agreeing to the following terms, including those available by hyperlink (the "Agreement" or "User Agreement") with jaxbids. and the general principles for the web site. If you reside outside of the USA and Canada, you are contracting with Jaxbids.com. If you have any questions, please refer to the Help section on the Site. Before you may become a member of jaxbids.com, you must read and accept all of the terms and conditions in, and linked to, this User Agreement and the Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read the linked information. By accepting this User Agreement, you also agree that your use of other jaxbids branded web sites will be governed by the User Agreement and Privacy Policy posted on those web sites. This Agreement is effective on Jan 1, 2008, for current users, and upon acceptance for new users. The previous amendment to this Agreement was effective for all users on Nov 23, 2007. Using JAXBIDS While using the Site, you will not: post content or items in an inappropriate category or areas on the Site; violate any laws, third party rights. use the Site if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Site; fail to deliver payment for items purchased by you, unless the seller has materially changed the item's description after you bid, a clear typographical error is made, or you cannot authenticate the seller's identity; fail to deliver items purchased from you, unless the buyer fails to meet the posted terms, or you cannot authenticate the buyer's identity; manipulate the price of any item or interfere with other user's listings; circumvent or manipulate our fee structure, the billing process, or fees owed to jaxbids; post false, inaccurate, misleading, defamatory, or libelous content (including personal information); take any action that may undermine the feedback or ratings systems (such as displaying, importing or exporting feedback information off of the Site or for using it for purposes unrelated to jaxbids); transfer your jaxbids account (including feedback) and User ID to another party without our consent; distribute or post spam, chain letters, or pyramid schemes; distribute viruses or any other technologies that may harm Jaxbids, or the interests or property of jaxbids users; copy, modify, or distribute content from the Site and jaxbids copyrights and trademarks; or harvest or otherwise collect information about users, including email addresses, without their consent. Abusing Jaxbids.com Jaxbids and the Community work together to keep the site working properly and the Community safe. Please report problems, offensive content, and policy violations to us. Home office is in Toronto, Canada Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Site if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts. Fees and Services Joining jaxbids and bidding on listed items is free. We do charge fees for using other services, such as listing items. When you list an item or use a service that has a fee you have an opportunity to review and accept the fees that you will be charged based on our Fees, which we may change from time to time. Changes to that Policy are effective after we provide you with at least fourteen days' notice by posting the changes on the Site. We may choose to temporarily change the fees for our services for promotional events (for example, free listing days) or new services, and such changes are effective when we post the temporary promotional event or new service on the Site. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Site in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with us, retaining collection agencies and legal counsel, and for accounts over 180 days past due. Return Check fee of $25.00 Content License When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future. (We need these rights to host and display your content.) All content on this site is according to laws of the Canada and province of Ontario.. Liability You will not hold jaxbids responsible for other users' actions or inactions, including things they post. You acknowledge that we are not a traditional auctioneer. Instead, the Site is a venue to allow anyone to offer, sell, and buy just about anything, at anytime, from anywhere, in a variety of pricing formats and venues, such as stores, fixed price formats and auction-style formats. We are not involved in the actual transaction between buyers and sellers. We have no control over and do not guarantee the quality, safety or legality of items advertised, the truth or accuracy of listings, the ability of sellers to sell items, the ability of buyers to pay for items, or that a buyer or seller will actually complete a transaction. We do not transfer legal ownership of items from the seller to the buyer, and nothing in this agreement shall modify the governing provisions of Ontario law, under which legal ownership of an item is transferred upon physical delivery of the item to the buyer by the seller. Unless the buyer and the seller agree otherwise, the buyer will become the item's lawful owner upon physical receipt of the item from the seller, in accordance with Ontario, Canada law. Further, we cannot guarantee continuous or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Site. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. Regardless of the previous paragraph, if we are found to be liable, our liability to you or to any third party is limited to the greater of (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $100. Access and Interference The Site contains robot exclusion headers. Much of the information on the Site is updated on a real-time basis and is proprietary or is licensed to jaxbids by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of jaxbids and the appropriate third party, as applicable; interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site. Privacy We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the Privacy Policy.We view protection of users' privacy as a very important community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. We use third parties to verify and certify our privacy principles. For a complete description of how we use and protect your personal information, see the Privacy Policy .If you object to your Information being transferred or used in this way please do not use our services. Marketing We don't sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies (such as demographic data) to improve and personalize our services. If you don't wish to receive marketing communications from us email us: Our Disclosure of Your Information We may disclose personal information to respond to legal requirements, enforce our policies, respond to claims that a listing or other content violates the rights of others, or protect anyone's rights, property, or safety. No spam, spyware or spoofing on jaxbids.com We and our users do not tolerate spam. Make sure to set your jaxbids notification preferences so we communicate to you as you prefer. You are not licensed to add other jaxbids users, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent. To report jaxbids related spam or spoof emails to jaxbids, please forward the email to spam@jaxbids.net. You may not use our communication tools to send spam or otherwise send content that would violate our User Agreement. We do filter and automatically scan messages before they are sent for viruses and other illegal or prohibited content. If you send an email to an email address that is not registered in our community, we do not permanently store that email or use that email address for any marketing purpose. We do not rent or sell these email addresses. Security Your information is stored on our servers. We treat data as an asset that must be protected and use lots of tools (encryption, passwords, physical security, etc.) to protect your personal information against unauthorized access and disclosure. However, as you probably know, third parties may unlawfully intercept or access transmissions or private communications, and other users may abuse or misuse your personal information that they collect from the Site. Therefore, although we work very hard to protect your privacy, we do not promise, and you should not expect, that your personal information or private communications will always remain private on jaxbids.com Account Protection Your password is the key to your account. Use unique numbers, letters, and special characters and do not disclose your jaxbids password to anyone. If you do share your password or your personal information with others, remember that you are responsible for all actions taken in the name of your account. If you lose control of your password, you may lose substantial control over your personal information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised for any reason, you should immediately notify jaxbids and change your password at any time.
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